San Francisco, CA
Immigration Lawyer at San Francisco, CA
Practice Areas: Immigration
OUTCOME: Petition Granted
California Penal Code § 417.26 can be violated by conduct that bears a striking resemblance to non-turpitudinous simple assault, and little similarity to turpitudinous terrorizing threats. Thus, our d ... ecisions in Latter-Singh and Fernandez-Ruiz reveal that a violation of § 417.26 is not categorically a crime involving moral turpitude.
OUTCOME: Petition Granted
The BIA erred in concluding that Dinu v. Ashcroft, 372 F.3d 1041 (9th Cir. 2004) foreclosed Kaur's asylum claim. Because her abuse was not part of a legitimate criminal investigation, her claim was ... not foreclosed by Dinu, and therefore the BIA erred in failing to consider Kaur's claim of persecution on account of a protected ground.
OUTCOME: Petition Granted in Part
The Board abused its discretion by denying Habte's second motion to reopen without considering the previously unavailable evidence of changed conditions in Eritrea, which Habte submitted in support of ... his motion. The later-submitted country conditions evidence is qualitatively different from the evidence available at the time of Habte's removal hearing because it is more detailed, better substantiated, and more compelling. Whereas the previously submitted evidence supported the possibility that Habte might be persecuted if returned to Eritrea, the newly submitted evidence supports the probability that Habte will, with near certainty, be persecuted if returned to Eritrea as an asylum-seeker.
OUTCOME: Petition Granted
In concluding that Singh did not demonstrate past persecution, the BIA found that Singh failed to corroborate his belief that Congress Party members were responsible for the vehicular assault against S ... ingh. This was error because, before requiring such corroboration, Singh was not afforded notice and an opportunity to respond with evidence or to explain why such corroborating evidence was unavailable.
OUTCOME: Asylum Granted
IJ: 'Women in El Salvador' a Social Group for Asylum: http://www.lexisnexis.com/community/immigration-law/blogs/inside/archive/2012/11/14/ij-women-in-el-salvador-a-social-group-for-asylum.aspx
OUTCOME: Petition Granted
The BIA's credibility decision was not supported by substantial evidence. That is so because Singh was not given a sufficient opportunity to explain perceived inconsistencies within his testimony or b ... etween his testimony and other evidence in the record.
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